Green v. Garcia et al
| Darnell Green |
| Jameis Garcia, John Doe 1, John Doe 2, John Doe 3, John Doe 4, John Doe 5 and John Doe 6 |
| 1:2018cv01745 |
| February 23, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Seneca |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
78
ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled, it is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reop en the action within forty-five days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within forty-five days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same forty-five day period to be &quo t;so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are denied. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/23/2021) (jca)
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Filing
72
ORDER granting 71 Motion to Adjourn Conference. Granted. The Court will hold a conference on 1/27/2021 at 10:00 A.M. SO ORDERED. Settlement Conference set for 1/27/2021 at 10:00 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 12/10/2020) (jca)
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Filing
66
OPINION AND ORDER re: 49 MOTION to Dismiss Pursuant to 12(b)(6). filed by D. Smith, C. Martin, P. Weber, Jameis Garcia, A. Cefaloni, F. Polito, Sergeant Osborne. For the reasons stated above, Moving Defendants' Motion To D ismiss is granted. If Plaintiff wishes to file a second amended complaint alleging additional facts and otherwise addressing the deficiencies identified above, Plaintiff must do so within 30 days of the date of this Opinion & Order. Plaintiff is advised that the second amended complaint will replace, not supplement, all prior complaints. The second amended complaint must contain all of the claims,factual allegations, and exhibits that Plaintiff wishes the Court to consider. Failure to time ly file a second amended complaint may result in dismissal of Plaintiffs claims with prejudice. The Clerk of the Court is respectfully directed to terminate the pending Motion, (Dkt. No. 49), and to terminate Defendants Polito, Cefaloni, Weber, Smi th, and Martin from the docket. The Clerk of the Court is also respectfully directed to mail a copy of this Opinion & Order to Plaintiff. SO ORDERED. F. Polito, D. Smith, P. Weber, A. Cefaloni and C. Martin terminated. (Signed by Judge Kenneth M. Karas on 3/25/2020) (jca) Transmission to Docket Assistant Clerk for processing.
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